IN THE CASE OF:	  

		BOARD DATE:  25 OCTOBER 2012

		DOCKET NUMBER:  AR20120007284 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Army Good Conduct Medal and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award.

2.  He states he was denied award of the Army Good Conduct Medal for leaving jump school (Basic Airborne Course) at Fort Benning, GA due to medical reasons in April 1966.  He further states he is currently receiving disability payments from the Department of Veterans Affairs (DVA) for the injury he sustained while attending the Basic Airborne Course.

3.  He provides:

* page 3 of his DA Form 20 (Enlisted Qualification Record)
* a Standard Form (SF) 600 (Health Record - Chronological Record of Medical Care), dated 8 and 12 April 1966
* page 1 of a letter from the DVA, dated 9 December 2011

CONSIDERATION OF EVIDENCE:

1.  Title 10, U. S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 

3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 18 October 1965 for a period of
3 years.  He completed training and he was awarded military occupational specialty (MOS) 62B (Engineer Equipment Assistant).  At a later date, he was awarded primary MOS 11E (Armor Crewman).

3.  Special Orders Number 44, issued by Headquarters, 1st Battalion, 63d Armor Regiment, Fort Riley, KS, dated 8 May 1968, awarded him the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).

4.  His record contains a U.S. Continental Army Command (USCONARC) Form 628-R, dated 12 April 1966, that shows while attending the Basic Airborne Course the applicant was permanently disqualified for airborne training due to lack of motivation after he expressed his desire not to continue airborne training.

5.  His DA Form 20 shows in:

	a.  Item 31 (Foreign Service) he served in the Vietnam from 27 May 1966 through 23 May 1967.

	b.  Item 38 (Record of Assignments) he served in Vietnam with:

* Company A, 169th Engineer Battalion (Construction) from 31 May through 2 October 1966
* Company C, 46th Engineer Battalion (Construction) from 3 October 1966 to 21 May 1967

	c.  Item 38 he received all "excellent" conduct and efficiency ratings throughout his service.

	d.  Item 41 (Awards and Decorations) no entry for the Army Good Conduct Medal.

6.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.

7.  On 17 October 1968, he was honorably released from active duty (REFRAD) as an overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  At the time of his REFRAD he had completed 3 years of total active service in the rank/grade of specialist five (SP5)/E-5.

8.  The DD Form 214 he was issued at the time shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Driver and Mechanics Badge with Mechanic Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

9.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

10.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns:

* Vietnam Counteroffensive, (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the units to which the applicant was assigned, were cited for award of the:

* Meritorious Unit Commendation for the period June 1966 through April 1967 by Department of the Army General Orders (DAGO) Number 17, dated 1968
* Meritorious Unit Commendation for the period 1 May through 31 October 1967 by DAGO Number 48, dated 1968

12.  Department of the Army Pamphlet 672-3, paragraph 6d states DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention was carefully considered and determined to have merit.

2.  The evidence of record shows the applicant completed a period of honorable service wherein he received all "excellent" conduct and efficiency ratings with no convictions by a court-martial.  Additionally, there is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 18 October 1965 through 17 October 1968 and to correct his DD Form 214 to show this award.

3.  Records show the applicant participated in two campaigns while serving in the RVN.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

4.  Special orders awarded the applicant the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).  Therefore, his DD Form 214 should be corrected to show this award.

5.  His units in Vietnam were cited for one award each of the Meritorious Unit Commendation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

6.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the applicant's period of service.  Therefore, his DD Form 214 should be corrected to show this unit award.

7.  In view of the foregoing, the applicant's DD Form 214 should be corrected as recommended below.

BOARD VOTE:

___X____  ____X __  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
18 October 1965 through 17 October 1968; and

	c.  adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Meritorious Unit Commendation (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with Pistol Bar
(.45 Caliber)



      _______ _   X______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20120007284



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ABCMR Record of Proceedings (cont)                                         AR20120007284



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